Usfs

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

WESTERN RADIO SERVICES CO.; 

RICHARD L. OBERDORFER,

Plaintiffs-Appellants, No. 08-35186 v. UNITED STATES FOREST SERVICE;  D.C. No. 04-CV-01346-AA

LARRY TIMCHAK; JIM MCMILLIN;

OPINION

BOB ROCK; KRISTEN BAIL; JIM

SAUSER; DIANA HSIEH,

Defendants-Appellees.  Appeal from the United States District Court for the District of Oregon Ann L. Aiken, Chief District Judge, Presiding

Argued and Submitted May 7, 2009—Portland, Oregon

Filed August 21, 2009

Before: William A. Fletcher, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta

11485 11488 WESTERN RADIO SERVICES v. USFS

COUNSEL

Marianne Dugan, Eugene, Oregon, for the plaintiff-appellants.

Kevin Danielson, Portland, Oregon, for the defendants- appellees.

OPINION

IKUTA, Circuit Judge:

Richard Oberdorfer and his company, Western Radio Ser- vices (collectively, “Western”), brought an action against the United States Forest Service and six of its officers under Bivens v. Six Unknown Named Agents of the Bureau of Nar- cotics, 403 U.S. 388 (1971),1 and the Administrative Proce-

1 Bivens was the…